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Tuesday, June 5, 2012
By Michael Nichols
Categories: Josh Covert
Several Michigan police agencies are now reporting any interactions they have with medical marihuana patients to the National Instant Criminal Background Check System
(NICS). The reporting began about six months ago after several Michigan police agencies attended a seminar provided by the FBI. The NICS is used by firearm retailers to determine if a prospective customer is qualified to purchase a firearm.
“If someone is reported to the NICS they will have a hard time purchasing a firearm because federal law prevents someone who uses a controlled substance from purchasing a firearm” says attorney Joshua Covert. Covert adds, “the idea that some police agencies are reporting interactions with medical marihuana patients to the federal government is alarming because the Michigan Medical Marihuana Act prevents that type of disclosure.” MCL 333.26426(h) provides that the list of medical marihuana patients and the information they provide to the state is confidential and that law enforcement officers are only able to verify enough information to determine if a medical marihuana card is valid. The medical marihuana statute provides for criminal punishment for anyone who violates the confidentiality provisions of the act.
The NICS reporting is just another reason why medical marihuana patients should keep their patient status confidential and only release that information to police officers when absolutely necessary. “I don’t think the right to purchase a firearm is an issue most medical marihuana patients are concerned with. That doesn’t mean that the NICS reporting is unimportant because who knows what other potential uses the NICS list might have in the future.” warns, Mr. Covert. If you are a medical marihuana patient and have questions relating to the confidentiality provisions of the Michigan Medical Marihuana Act call an attorney who understands the entire act. Jcovert@nicholslaw.net.
(517)432-9000.